In Real Estate what is partition?

Answer 1

Partition is a judicial proceeding that can be used when multiple owners of real estate do not agree to selling the property. Often one co-owner wants their share in cash.

A petition to Partition is filed in a court of equity. The Petition usually needs to be drafted by an attorney unless someone with legal experience is involved and can draft the Petition for the parties. The court will appoint a commissioner to oversee the process. The commissioner will file a report of findings with the court. If the land can be partitioned off, the court will divide the property. If the property cannot be reasonably divided the commissioner will arrange to sell the property. The grantor on the deed will be the Commissioner and the Partition case file will be referenced on the deed.


When the property is sold, legal expenses, court costs, the commissioner's fee and other expenses relating to the sale will be deducted from the proceeds of the sale. The net proceeds will be divided equally amongst the co-owners.